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The Market Surveillance (Northern Ireland) Regulations 2021

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Market Surveillance (Northern Ireland) Regulations 2021 No. 858

Enforcement powers giving effect to Article 14(4) of the MSC Regulation

This section has no associated Explanatory Memorandum

5.—(1) For the purposes of enforcing the MSC Regulation, an enforcer, in relation to a product, is the person who enforces the enforcer’s legislation in respect of that product.

(2) For the purposes of enforcing the MSC Regulation and the enforcer’s legislation, and to the extent that there are no specific provisions with the same objective in the enforcer’s legislation, the following have effect—

(a)Schedule 1 (investigatory powers);

(b)Schedule 2 (enforcement powers under the 1987 Act);

(c)Schedule 3 (enforcement powers under the 1978 Order);

(d)Schedule 4 (notices); and

(e)Schedule 5 (online interface notices).

(3) When enforcing the MSC Regulation or the enforcer’s legislation, an enforcer must exercise its powers in a manner consistent with Article 18 of the MSC Regulation.

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